Florida 5th District Court Of Appeal
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Lawyer can continue 'heavy-handed' campaign against client's opponent
DAYTONA BEACH, Fla. (Legal Newsline) - A man who accuses an insurance brokerage of shortchanging him on commissions can continue to publish false and misleading statements about the firm, a Florida appeals court ruled, largely overturning a trial judge’s injunction against over tactics the man’s lawyer acknowledged could be “heavy-handed” and “relentless.” -
Ruling bars Orange County from enforcing rent-cap ballot measure
In the wake of a directive from a Florida appeals court, an Orange County circuit judge has barred county elections officials from certifying votes on a controversial rent-control measure and directed county officials not to enforce its provisions. -
Volusia County School District asks state appeal court that ruled against them for new hearing
Volusia County School District is not giving up its efforts to not certify a charter school and is asking a state appeal court that already ruled in favor of the charter school to consider a do-over of the case. -
Lack of choice of surgeons could cost Florida Hospital in lawsuit over infection
DAYTONA BEACH, Fla. (Legal Newsline) – A man who seemingly predicted complications from his surgery can sue Florida Hospital, as a state appeals court has found there may be a relationship between it and the surgeon it claims was an independent contractor. -
Financial arrangements between defense firms and experts to be examined by Fla. Supreme Court
DAYTONA BEACH, Fla. (Legal Newsline) – A Florida appeals court has deemed the issue of payment to expert witnesses as one of great public importance. -
Fla. appeals court makes new trial tougher for fired surgeon who threatened to turn whistleblower
DAYTONA BEACH, Fla. (Legal Newsline) – What was once a $2.85 million verdict for the member of a heart-lung transplant surgery team at Florida Hospital is in jeopardy, as an appeals court has ordered a new trial under a more stringent liability standard. -
Jury's $16M punitive damages award in smoker's trial was out of proportion, court rules
DAYTONA BEACH, Fla. (Legal Newsline) – A trial judge will either reduce a $16 million punitive damages award or order a new trial on the issue as a result of a Florida appellate court ruling in a tobacco case. -
A third disagreement with lower court says Ocala's fire service fee is unconstitutional
DAYTONA BEACH, Fla. (Legal Newsline) – For a third and what appears to be a conclusive time, a Florida appeals court has ruled for businesses and citizens of Ocala who have been forced to pay an extra fee for fire services. -
Jail tour negligence trial court verdict reversed, remanded
An appeals court has reversed and remanded a trial court decision to overrule a jury verdict and find in favor of a plaintiff claiming he was sexually assaulted during a jail visit. -
Former Disney Cruise Line worker can claim negligence under maritime law, appeals court rules
DAYTONA BEACH — A Florida appeal court has reversed part of a summary judgment from a Brevard County Circuit Court and ruled that a former Disney Cruise Line employee's claims for maintenance and cure under general maritime law can move forward. -
Appeals court remands case of man who claims he was hit by a plane
DAYTONA BEACH — The Florida Fifth District Court of Appeals has ordered the trial court to review the case of Roger Niehaus against Dennis Dixon. -
Class action against the city of Ocala over fire fees can proceed, appeals court rules
The 5th District Court of Appeals on Jan. 5 overturned the decision of a Marion County judge who had denied class certification in a case against the city of Ocala over fire user fees. -
Florida appeals court overturns ruling denying dismissal in overtime case against Aegis Defense Services
Florida’s Fifth District Court of Appeal has overturned a lower court decision denying Aegis Defense Services LLC’s motion to dismiss a complaint in which a contract employee alleged it failed to pay him overtime for work he did in Afghanistan on behalf of the company. -
Florida’s Fifth District Court of Appeal decision paves way for trial over club's liability for drunk driving death
Florida’s Fifth District Court of Appeal has overturned a lower court’s ruling for summary judgment in a wrongful death lawsuit, paving the way for a trial to determine whether a Winter Garden golf club can be held liable for damages in a woman’s death. -
Foreclosure not outside statute of limitations, 5th District Court of Appeal rules
FLAGLER COUNTY — The 5th District Court of Appeal has affirmed a trial court ruling that a Florida couple's foreclosure was not outside the statute of limitations. -
Appeals court rules in favor of J.P. Morgan Securities in $25 million investment case
A $25 million investment that went awry for a Florida company recently ended with an appeal before Florida's Fifth District Court of Appeal. -
Florida's Fifth District Court of Appeal reverses decision in favor of Deutsche Bank National Trust Company
Florida's Fifth District Court of Appeal recently reversed a lower court's decision to rule against a lender in Volusia County in a foreclosure appeal. -
Florida couple wins foreclosure appeal against Situs Investments
A Florida appeals court recently ruled in favor of a Florida couple after a trial court awarded their creditor $118,000, including $89,000 in unpaid principal, in a foreclosure case. -
Appeals court rules lower court was wrong to dismiss Florida homeowner's construction defect lawsuit
LAKE COUNTY — The 5th District Court of Appeal in Florida has ruled on behalf of a Florida homeowner in a defection case that a trial court was wrong to dismiss the case.